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(영문) 수원지방법원 2018.02.06 2017고단7624
특정범죄가중처벌등에관한법률위반(도주치상)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant is a person engaging in driving a benz car.

On October 8, 2017, the Defendant driven the above car at around 00:27, and driven the three-lane road in front of the D convenience store in Yeongdeungpo-gu Seoul Metropolitan Government, according to three-lanes in the direction of Yeongdeungpo-gu Art. 3 from the direction of Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, in order to park.

At the time, the instant crosswalk was located in the vicinity of the crosswalk where signal lights were installed. At the time, the victim E (45) was placed on the roadway to cut off the instant crosswalk, but the Defendant was placed on the roadway to park in the seat of the victim, but the Defendant was in the front and rear the Defendant’s driver’s vehicle, and the Defendant was on the front and rear side of the Defendant’s driver’s vehicle, and thus, the Defendant was under duty of care to prevent the accident in advance by accurately manipulatinging the steering direction and the brake devices while making the front and rear left.

Nevertheless, the Defendant neglected to do so and caused the victim to go beyond the floor by serving the victim's right edge such as a light on the right edge of the victim's vehicle with the front wheels of the driver's license of the Defendant.

After all, the Defendant, by the above occupational negligence, tried to propose a two-day medical treatment to the victim for approximately two weeks, and suffered a sacrificing of the unknown part, and immediately stopped, and escaped without taking necessary measures, such as providing relief to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A survey report on actual conditions;

1. Photographss of on-site photographs and black stuff images after the closure of the screen;

1. Application of Acts and subordinate statutes to medical certificates, investigation reports (victims and telephone content);

1. Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes and Article 5-3 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, and selection of imprisonment with prison labor;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Traffic accidents applying the sentencing criteria;

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